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CA5: Padilla Not Retroactive - U.S. v. Amer

"[W]e join the Seventh and Tenth Circuits in holding that Padilla announced a “new” rule within the meaning of Teague. ... [W]e hold that the rule announced in Padilla is “new” within the meaning of Teague, and accordingly, it does not apply retroactively and may not serve...

CA5 on Padilla: U.S. v. Urias-Marrufo

"Defendant Ana Victoria Urias-Marrufo (“Urias”) appeals from the district court’s denial of her motion to withdraw her guilty plea. Following that denial, the district court entered a final judgment of conviction and sentenced her to imprisonment of 37 months. We vacate and remand...

CA5 on Ineffective Assistance of Counsel: USA v. Batamula

"Innocent Rutahagara Batamula, a citizen of Tanzania, after entering the United States on a student visa, marrying a United States citizen, and applying for a change in his immigration status, pleaded guilty pursuant to a written plea agreement to one count of making a false statement to a federal...